Employment Cases Update

Muehlhan Industrial Services Ltd v Murphy UKEATS/0013/18/JW

Date published: 08/04/2019

Appeal against the ET’s decision of unfair dismissal, resulting in a monetary award to the Claimant that was subject to a 50% reduction for contributory fault. Appeal dismissed.

The Claimant, who was employed as a scaffolder by the Respondent, was dismissed on conduct grounds. He successfully claimed unfair dismissal in the ET, and received a monetary award to which a 50% reduction for contributory fault was applied. The Respondent appealed the decision of unfair dismissal, on the grounds that the ET had adopted a substitution mindset, and that it had erred in applying a separate equity test.

The EAT held that no material error on the part of the ET had been made out by the Respondent on either ground, and the appeal would be dismissed.

Employment Claims without a Lawyer 2nd edition published March 2018

Read the full text of the judgment on BAILII or download the file by clicking the link below.

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